United Arab Emirates

By Greg Mayew

The Authors

Greg Mayew
Partner
gmayew@afridi-angell.com
Tel: +971 2 610 1010

Greg Mayew joined Afridi & Angell in 2004 and is the partner in charge of the Abu Dhabi office. He is involved in the firm’s corporate and commercial, capital markets, construction, project finance, and banking practices. Greg holds a JD from the University of Minnesota Law School, a master’s degree from the Massachusetts Institute of Technology and a BA from the University of Denver. He is a member of the New York State Bar. Prior to joining Afridi & Angell, Greg was an associate at the London and New York offices of a leading firm.

Introduction

In late 2019, the Industrial Development Bureau (IDB) of the Abu Dhabi Department of Economic Development (ADDED) launched the Abu Dhabi Local Content (ADLC) Program in a trial phase. In April of 2020, the IDB announced implementation of the ADLC Program, which will apply to more than 1,244 governmental and semi-governmental tenders worth approximately AED 15 billion. The tenders were from government and semi-government entities inviting bids for procurement projects announced during the first quarter of 2020.

What is the ADLC Program?

According to the IDB, the ADLC Program aims to direct government spending towards the development of local content at the local economy level for the Emirate of Abu Dhabi. The ADLC Program will encourage companies and factories participating in government tenders to increase their economic contribution in Abu Dhabi through three main components: locally procured goods and services, local investment and Emiratisation.

Under the ADLC Program, companies are rated according to their contribution to the local economy. Businesses with higher scores are given preferences in awarding tenders.

How does a business get rated?

Companies apply to a certifying body for an ICV certificate. The certifying body issues an ICV certificate that measures a company’s contribution towards the local economy.

How does the ADLC Program differ from ADNOC’s In Country Value (ICV) Program?

Conceptually, the ADLC Program is similar to ADNOC’s In Country Value (ICV) Program, which predates the ADLC Program. In both cases, companies are certified by a certifying body and receive an ICV certificate. The ICV certificate includes an ICV score reflecting local value contributed by the business. However, whereas local value under ADNOC’s ICV Program takes into account the entire UAE, the ADLC Program takes into account local value in the Emirate of Abu Dhabi only. The same ICV certificate used by ADNOC in its ICV Program will be used in the ADLC Program. However, the ADLC Program will focus only on the Abu Dhabi factor in the ICV certificate.

Who are the certifying bodies?

There are currently eleven certifying bodies that issue ICV certificates. In alphabetical order they are the following: ARDENT Advisory & Accounting LLC, Baker Tilly MKM & Co., Crowe Mak, Deloitte, Ernst & Young, KPMG, Mazars Chartered Accountant, MBC Auditing & Accounting, PKF, Protiviti and Talal Abu Ghazaleh.

How does a business obtain an ICV certificate?

To obtain a certificate, in addition to paying the fees charged by the certifying body, a company must provide the certifying bodies with certain information including, for example, copies of its audited financial statements (prepared in accordance with IFRS), a list of all goods and services procured by the company during the most recent financial year and wage protection system (WPS) reports evidencing payment of employee wages.

What is the cost of obtaining a certificate?

This is determined by the certifying body. Businesses may contact certifying bodies for fee quotes.

What is the validity period of an ICV certificate?

An ICV certificate is valid for 14 months from the date of issue.

Which businesses need to obtain an ICV certificate?

In practical terms, ICV certification is essentially a requirement for all companies operating in Abu Dhabi that wish to apply for governmental and semi-governmental procurements. Technically, a company that does not have an ICV certificate may still participate; however, it will be assigned an ICV score of zero thereby significantly handicapping its chances of success.

Is the ICV score a big factor in the awarding of tenders under the ADLV Program?

Yes. According to the IDB, the ICV score accounts for 40% of the financial evaluation.

Do suppliers that do not participate in tenders directly need to obtain an ICV certificate?

No; however, it is advisable to do so if your business provides goods or services to customers who participate in governmental and semi-governmental procurements. Locally procured goods and services are a factor in a company’s ICV score. Hence, a company can increase its own ICV score by using suppliers with high ICV scores. Accordingly, it is expected that suppliers with high ICV scores will be more attractive to customers who participate in government and semi-government tenders. Suppliers with no ICV certificate will be treated as having an ICV score of zero making them less attractive to any customer concerned about its own ICV score.

Does a company with multiple branches in Abu Dhabi need a separate certificate for each branch?

Branches in the Emirate of Abu Dhabi with identical activities and ownership listed on the licenses can obtain one combined ICV certificate.

What are the major factors that influence the ICV score?

The three major factors are locally procured goods and services, local investment and Emiratisation. Details of how the calculations are made are set out in the ADLC Program Guidelines.

Summary and conclusion

The ADLC Program is a major development that will have significant impact on all businesses that directly and indirectly provide goods and services to governmental and semi-governmental entities in Abu Dhabi. In this sector, companies with high levels of contribution to the local economy in Abu Dhabi will have a major competitive advantage. ■

****

 

Afridi & Angell

Founded in 1975, Afridi & Angell is a full-service UAE law firm in its fifth decade at the forefront of the legal community. From the beginning, our hallmarks have been a commitment to quality, unsurpassed knowledge of the law and the legal environment, and crafting of innovative business solutions. Licensed in the three largest Emirates of Abu Dhabi, Dubai and Sharjah as well as the Dubai International Financial Centre, our practice areas include banking and finance; corporate and commercial law; arbitration and litigation; construction; real estate; infrastructure projects; energy; project finance; maritime (wet and dry); and employment. We advise local, regional and global clients ranging in size and sophistication from start-ups, sole proprietorships, family-owned businesses, entrepreneurs and investors to some of the world’s largest public and private companies, governments and quasi- government institutions. We attract and retain clients with our dedication to practical guidance focused on their business needs supported by decades of experience here in our home jurisdiction, the UAE.

Afridi & Angell is the exclusive member firm in the UAE of top legal networks and associations, most notably Lex Mundi, the world’s leading network of independent law firms, and World Services Group.

www.afridi-angell.com

 

Afridi & Angell’s inBrief provides a brief overview and commentary on recent legal announcements and developments. Comments and opinions contained herein are general information only. They should not be regarded or relied upon as legal advice.

© 2020, Afridi & Angell

Related Articles by Firm
The separability of an arbitration clause
- the Sharjah Court of Appeal sets limits
UAE amends the Labour Law
The amendments introduce equal treatment for male and female employees in respect of compensation and parental leave ...
Dubai Family Ownership of Common Property Law
The Law also aims to provide a legal framework for maintaining continuity of family ownership and avoiding division of businesses amongst family members ...
UAE Foreign Direct Investment Law vs GCC Customs Exemption
By Charles Laubach and Saurbh Kothari, Afridi & Angell
Further changes to civil litigation in the UAE
The amendments bring about some important changes to how matters will be litigated in the UAE courts.
Foreign direct investment in the UAE: The approval of the positive list
The positive list contains 122 activities in the agricultural, manufacturing and services sectors.
Electronic signatures in the UAE: what you need to know
Electronic signatures were not common before the Covid-19 lockdown, but the legal framework is well established.
DMCC Company Regulations 2020: Keeping up with international best practices
The regulations provide for more clarity and flexibility for businesses wishing to conduct business in and from the DMCC.
Relief for employers during Covid-19 epidemic
The UAE has introduced measures that employers in the private sector may progressively resort to during the current period.
Compliance with official measures to combat Covid-19 made mandatory
Significant responsibility for ensuring compliance with directives to stop the spread of Covid-19 has been delegated to the law enforcement authorities of the UAE.
Recent measures implemented by the UAE authorities in response to Covid-19
Noteworthy measures that have been implemented by various UAE authorities to date.
Interim relief prior to starting arbitrations under the Federal Arbitration Law
A note on recent experiences in obtaining interim orders from the Dubai Courts.
The New DIFC Leasing Law
The New Law is a welcome development which may stimulate the property market in the DIFC.
DIFC Workplace Savings Scheme (with effect from 1 February 2020)
The Amendment introduces a new mandatory workplace savings scheme, which replaces the current end-of- service gratuity regime.
Slightly more clarity: Economic Substance Regulations in the DIFC
The new guidance is helpful for businesses in the DIFC, but significant questions still remain.
Regulatory Authorities to regulate Relevant Activities in accordance with Economic Substance Regulations announced
Businesses licensed in the UAE should fast track an assessment to determine if they are subject to the regulations.
UAE Ministry of Finance issues guidance on Economic Substance Regulations
Thirteen topics covered in the guidance that may be of interest to businesses affected by the regulations.
Law 6 of 2019: On the ownership of common property in the Emirate of Dubai
The New Law is an important development for Dubai as most real estate is held by way of property owned in common.
The private equity, venture capital and start-up ecosystem in the UAE: Recent developments
The changes will result in the establishment of new funds and attract more entrepreneurs and investors to the UAE.
SCA issues guidelines for financial institutions on anti-money laundering
The advent of AML and ATF guidance is a welcome step for businesses in the UAE.
Proposed New DIFC Data Protection Law
The DIFC Authority has proposed the enactment of legislation (the Proposed Law) to replace its current Data Protection Law.
New economic substance regulations in the UAE
The rules are a response to the UAE being put on the EU's blacklist of non-cooperative tax jurisdictions.
Keeping up with the trend: The New DIFC Insolvency Law
The New Law introduces many welcomed features and is a step forward in maintaining the UAE’s position as a world leading trade hub.
The New DIFC Employment Law: Key Changes
The new law will directly affect almost 24,000 employees based in the DIFC.
Merger clearance matters in the UAE
Despite the limited number of filings and the dearth of decisions, parties conducting M&A in or from the UAE should consider the impact of the competition regime.
New regulations offer welcome guidance to Anti-Money Laundering Law
The new AML Law has been shaped by international AML standards and provides several mechanisms to combat money-laundering.
Health data confidentiality on a rise in the UAE
A new law requires businesses that use information and communication technology for processing health data to ensure its confidentiality, accuracy and validity.
New Tawazun economic programme policy guidelines issued
It is hoped that the new programme will enable defence contractors to identify more accessible opportunities to generate offset credits.
New administrative fines imposed by the UAE Insurance Authority
Insurance and reinsurance providers should review the resolution and the list of violations to ensure their compliance.
Significant changes to UAE’s Civil Procedure Code
While the changes are welcome, they put pressure on litigants to plead their cases within relatively short time periods ...
New long-term residency visas in UAE
In a welcome development, the new law introduces long-term residency visas for four categories of persons.
New promotion regime for domestic funds
A new agreement could make the UAE a much more attractive place to establish funds.
Federal Penal Code amendments
The amendments are designed to make the UAE's Penal Code consistent with other recent federal legislation and current federal enforcement policies.
Netting arrangements made enforceable in the UAE
For decades, banks and other counterparties in the UAE have obtained financial services from foreign financial institutions. Industry bodies, such as the International Swaps and Derivatives Association (ISDA), the International Capital Market Association and the International Securities Lending Association, have ...
New anti-money laundering law
The new law introduces subtle but important changes to the AML landscape in the UAE.
The UAE's new Foreign Direct Investment Law
Majority foreign ownership is not yet a reality, but the framework is now in place.
Significant precedents from the DIFC courts
Afridi & Angell successfully defended an anti-suit injunction, an application to exclude evidence and obtained a document production order.
New services by Dubai Rental Disputes Centre
The Rental Good Conduct Certificate service is a first-of-its-kind initiative in the world.
ADGM announces tech start-up licensing regime
The licence provides access to a Professional Services Support Programme aimed at allowing entrepreneurs entry to a community of businesses, financial services and professional advisers.
Dubai relaxes rules on filing appeals before the Court of Cassation
The Decree provides that appeals to the Court of Cassation must be filed within 60 days of the judgment of the Court of Appeal.
Off-plan sales in Dubai: Risks and rewards
Whether buyers are looking to expand their real estate portfolio or buyers are simply looking to find their ideal home, great deals can be found in Dubai’s off-plan real estate sector ...
The UAE Federal Arbitration Law: A First Look
The approval of the long-awaited law by the Federal National Council was announced in March this year.
Legal reforms in Abu Dhabi
Abu Dhabi has introduced new rules governing the functioning of the Emirate’s judiciary.
UAE: Off-plan sales: risks and rewards
Great deals can be found in Dubai’s off-plan real estate sector, but it is critical that prospective buyers do their homework ...
The New UAE Pledge Law – Security Registration
UAE Federal Law 20 of 2016 introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt ...
UAE VAT Designated Zones Defined
A Designated Zone is required to be a specific fenced area with security measures and Customs controls in place ...
Certificate of Good Conduct Required for all UAE Employment Visas
New requirement will be introduced shortly ...
Dubai: Dawn Raids – Do you have a policy in place, and is it fit for purpose?
How you handle a dawn raid will have a significant impact on the discussions and negotiations that are sure to follow.
Dubai: Changes to Law Allowing Developers to Terminate Off-Plan Sales Contracts
An important development that will assist developers who are facing a difficult real estate market ...
UAE VAT Executive Regulation Update: Free Zone Guidance
The UAE Ministry of Finance has announced the Executive Regulation for the Federal Decree-Law ...
Opportunities in Dubai’s Healthcare Sector
Dubai is the fastest growing healthcare market within the GCC and is becoming an increasingly attractive sector for investors. Afridi & Angell explain the key drivers and options available to investors ...
VAT registration in the UAE has commenced
The United Arab Emirates Federal Tax Authority has commenced accepting registrations for Value Added Tax through its online portal ....
UAE: VAT and Excise Tax
The UAE has issued substantive law on Value Added Tax (VAT) and Excise Tax ...
New Ministerial Decision brings clarity to Private Joint Stock Companies
The private joint stock company is one of the forms of company contemplated by UAE Federal Law No. 2 of 2015 concerning commercial companies ...
Be VAT ready - Tax Procedures Law is already here
Under the VAT regime, businesses will be collecting taxes on behalf of the government and will file tax returns accordingly ...
UAE – Centre for Amicable Settlement of Disputes update
Centre for Amicable Settlement of Disputes can no longer mediate disputes when a bank is a party to such dispute ....
New UAE Funds Regime
The UAE has embarked on an ambitious undertaking by introducing new business friendly mutual funds regulations to stimulate the UAE funds industry and provide the foundation for a more developed regional funds regime in the Gulf Cooperation Council ...
New UAE Pledge Law over Movable Assets
The new Pledge Law of the UAE was enacted on 12 December 2016 ...
Doing Business in Iran: Donald J. Trump; Mining Investment Opportunities
The election of Mr. Donald J. Trump as President of the United States has resulted in much consideration by corporates of existing strategies with respect to Iran...
The UAE Competition Law Clarified
Two Cabinet Decisions have been issued which provide guidance on the implementation of the Competition Law, particularly on market share thresholds and on small and medium establishments.
Potential Criminal Liability for Arbitrators and Experts in the UAE
The UAE Penal Code was amended to introduce the concept of criminal liability for arbitrators, experts, and translators who issue dishonest and partial decisions and opinions.
The New UAE Bankruptcy Law
Perhaps the most important new feature of the new Law is the introduction of a regime that allows for protection and reorganization of distressed businesses ...
Doing Business in Iran: The Momentum Builds
The momentum for doing business in Iran is expected to increase at an even greater pace after the November US elections.
Proposed Insurance Authority Decision Concerning Marketing of Insurance Policies by Banks in the UAE
The Emirates Insurance Authority prepared a draft regulation concerning marketing of insurance policies by banks in the UAE.
UAE Ministerial Decision No. (272) of 2016
The Ministerial Decision No. (272) of 2016 addresses the scope of Article 104 of Federal Law No.2 of 2015, stating which articles relating to public and private joint stock companies apply to limited liability companies.
Doing Business in Iran: the banking bottleneck
With the easing of sanctions against Iran, vast business opportunities have opened up. The challenge is whether and how to participate in such a potentially phenomenal market without taking undue risks.
Doing Business in Iran: Life After (Secondary) Sanctions
The legal landscape for doing business in Iran has changed significantly since the easing of certain Iran related sanctions.
Doing Business in Iran: Life After (Secondary) Sanctions
The legal landscape for doing business in Iran has changed significantly in the past seven months ...
UAE Legal Bulletin
Updates on the possibility of a Value Added Tax, the new PPP Law and other developments which companies doing business in the UAE should know
UAE's New Labour Regulations Take Effect January 1, 2016
A number of recently announced initiatives could introduce potentially significant changes to the rules governing the workforce in the UAE.
Introducing the Dubai World Trade Centre Free Zone
Aside from its central location and its world class facilities, the Dubai World Trade Centre Free Zone offers a wide range of services for companies.
UAE Legal Bulletin July-August 2015
Insights into the new Commercial Companies Law and relevant corporate updates which can help companies conduct business in the UAE, particularly in Dubai
The New UAE Commercial Companies Law – A First Look
We highlight the changes which the new UAE Commercial Companies Law (Federal Law No.2 of 2015) introduces.
Do I need a DIFC will?
With the opening of the Wills and Probate Registry in the DIFC, it is now possible to register a will in Dubai and have a high degree of confidence that it will be enforced.
DFSA imposes record fine on Deutsche Bank
The Dubai Financial Services Authority (DFSA) imposes its largest fine to date on Deutsche Back AG Dubai (DIFC Branch), sending a strong signal that DFSA is both independent and unafraid to take on well-resourced opponents.
Abu Dhabi Global Market starts first phase of activities
Effective 15 June 2015, the Abu Dhabi Global Market began accepting license applications from existing non-financial service tenants of Al Maryah Island that have either a private limited or branch office legal structure.
Dubai Statistics Center – you may be next!
Companies in the Emirate of Dubai have recently been receiving questionnaires requesting detailed information about their business, including financial information...
Free Zones in the UAE – an overview
Strategically located between Europe, Africa and Asia, the United Arab Emirates has become a hub for trade and commerce throughout the world ...
UAE Competition Law - All bark and no bite?
Federal Law No. 4 of 2012 on the regulation of competition (the “Competition Law”) introduced a regime for the regulation of anti- competitive behavior in the UAE which previously did not exist ...
Related Articles
Related Articles by Jurisdiction
The New DIFC Leasing Law
The New Law is a welcome development which may stimulate the property market in the DIFC.
China’s Belt and Road, shaping future judges and hacking justice
A roundup of the latest legal updates from DIFC Courts.
Further changes to civil litigation in the UAE
The amendments bring about some important changes to how matters will be litigated in the UAE courts.
Latest Articles